From Casetext: Smarter Legal Research

People v. Stevens

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 29, 2019
172 A.D.3d 1410 (N.Y. App. Div. 2019)

Opinion

2017–13171 Ind.No. 4338/17

05-29-2019

The PEOPLE, etc., Respondent, v. Devon STEVENS, Appellant.

Paul Skip Laisure, New York, N.Y. (Sean Nuttall of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel; Robert Ho on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Sean Nuttall of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel; Robert Ho on the memorandum), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, JOSEPH J. MALTESE, LINDA CHRISTOPHER, JJ.

DECISION & ORDERAppeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Vincent M. Del Giudice, J.), imposed November 1, 2017, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bryant, 28 N.Y.3d 1094, 1095–1096, 45 N.Y.S.3d 335, 68 N.E.3d 60 People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Tacuri, 163 A.D.3d 593, 76 N.Y.S.3d 416 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

DILLON, J.P., AUSTIN, ROMAN, MALTESE and CHRISTOPHER, JJ., concur.


Summaries of

People v. Stevens

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 29, 2019
172 A.D.3d 1410 (N.Y. App. Div. 2019)
Case details for

People v. Stevens

Case Details

Full title:The People of the State of New York, respondent, v. Devon Stevens…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: May 29, 2019

Citations

172 A.D.3d 1410 (N.Y. App. Div. 2019)
98 N.Y.S.3d 893
2019 N.Y. Slip Op. 4206